Q&As

A and B purchased plots from the same seller within the last few of years. Both A and B covenanted to erect fence or hedges within 12 months of purchase. A has not erected their fence/hedge. Can B enforce the covenant against A?

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Published on LexisPSL on 09/05/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A and B purchased plots from the same seller within the last few of years. Both A and B covenanted to erect fence or hedges within 12 months of purchase. A has not erected their fence/hedge. Can B enforce the covenant against A?

A covenant to erect a fence or a hedge is a positive covenant. It is likely that the transfer will identify the land to benefit from the covenant. The benefit of a positive covenant may benefit successors-in-title by 'running with the land' both in common law and in equity, provided that it ‘touches and concerns’ the land. A cov

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